- 1 - NC: 2025:KHC:6845 WP No. 1902 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1902 OF 2025 (CS-EL/M) BETWEEN: 1. S N RAJANNA AGED ABOUT 60 YEARS, S/O NARAYANAPPA, MEMBERSHIP NO.32/88, 2. ASHWATHANARAYANA AGED ABOUT 62 YEARS, S/O VENKATACHALA MEMBERSHIP NO.30/63, 3. ARAN KUMAR T L AGED ABOUT 45 YEARS, S/O LAKSHMINARASIMHAIAH, MEMBERSHIP NO.37/03, 4. G A MANJUNATH AGED ABOUT 62 YEARS, S/O ANKAPPA MEMBERSHIP NO.32/52, 5. PURUSHOTHAMA AGED ABOUT 55 YEARS, S/O CHIKKAPAIAH, MEMBERSHIP NO.1929, 6. H S MALLIKARJUNAIAH AGED ABOUT 67 YEARS, S/O H S VEERAIAH, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6845 WP No. 1902 of 2025 MEMBERSHIP NO.256, 7. D DEVARAJ AGED ABOUT 68 YEARS, S/O RAMEGOWDA MEMBERSHIP NO.28/12, 8. C R KRISHNA PRAKASH BABU AGED ABOUT 60 YEARS, S/O C R RAMASWAMY MEMBERSHIP NO.35/65, 9. S L RAJANNA AGED ABOUT 62 YEARS, S/O CHANDRANNA MEMBERSHIP NO.3715 BENEFIT OF SENIOR CITIZEN NOT CLAIMED ALL ARE MEMBERS OF KARNATAKA RAJYA RASTHE SARIGE NOUKARARA GRUHA NIRMANA SAHAKARA SANGHA NIYAMITHA …PETITIONERS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, M.S. BUILDING BANGALORE-560001 2. THE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTINAGAR TTMC A BLOCK K H ROAD, SHANTHINAGARA - 3 - NC: 2025:KHC:6845 WP No. 1902 of 2025 BENGALURU - 560027 BY ITS COMMISSIONER 3. THE RETURNING OFFICER KARNATAKA RAJYA RASTHE SARIGE NOUKARARA GRUHA NIRMAN SAHAKAR SANGHA NIYAMIT KENGAL HANUMANTHAIAH ROAD, SHANTHINAGAR BENGALURU - 560 027 4. KARNATAKA RAJYA RASTHE SARIGE NOUKARARA GRUHA NIRMANA SAHAKARA SANGHA NIYAMITHA KENGALHANUMANTHAIAH ROAD, SHANTHINAGAR BENGALURU - 560 027 BY ITS CHIEF EXECUTIVE OFFICE, REGISTERED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT 1959 …RESPONDENTS (SRI. YOGESH D. NAIK, AGA FOR R1 AND R3 SRI. T.L. KHAN KUMAR, ADVOCATE FOR R2 SMT. G.V. VEENA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONDUCT THE ELECTIONS TO THE R4 SOCIETY BY INCLUDING THE NAME OF THE PETITIONERS IN THE ELIGIBLE VOTERS LIST OF R4 SOCIETY AND BY PERMITTING THE PETITIONERS TO CONTEST AND VOTE AS PER CALENDAR OF EVENTS DATED 09/01/2025 VIDE ANNX-B ISSUED BY R3. GRANT AN INTERIM ORDER TO DIRECT THE RESPONDENTS 2 TO 4 TO INCLUDE THE NAMES OF THE ALL THE PETITIONERS IN THE ELIGIBLE VOTERS LIST OF R4 SOCIETY AND PERMIT THE PETITIONERS TO CONTEST AND VOTE AND DIRECT THE RESPONDENTS TO CONDUCT THE ELECTIONS TO THE R4 SOCIETY AS PER CALENDAR OF EVENTS DATED 16/01/2025 VIDE ANNX-B ISSUED BY R4 ON SUCH TERMS. - 4 - NC: 2025:KHC:6845 WP No. 1902 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking for the following prayers:- “(a) Issue a writ in the nature of mandamus or any other appropriate writ or direction, directing the respondents to conduct the elections to the respondent No.4 society by including the name of the petitioners in the eligible voters list of respondent No.4 society and by permitting the petitioners to contest and vote as per calendar of events dated 09-01-2025 vide Annexure-B issued by respondent No.3. (b) Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity.” 2. This Court by way of an interim arrangement on 24.01.2025 permitted the petitioners to contest and cast their votes in the ensuing election scheduled on 02.02.2025 subject to final outcome of this petition. - 5 - NC: 2025:KHC:6845 WP No. 1902 of 2025 3. Heard Sri Jai Prakash Reddy .M, learned counsel for the petitioners, Sri Yogesh D. Naik, learned AGA for respondent Nos.1 and 3, Sri T.L. Kiran Kumar, learned counsel for respondent No.2 and Smt. G.V. Veena, learned counsel for respondent No.4. 4. Counsel for the petitioners submits that the election has been held as scheduled on 02.02.2025 and the petitioners have cast their votes. 5. Reiterating various contentions raised in the writ petition, it is mainly urged that no individual notice is issued to the petitioners while the names of the petitioners are excluded in the final voters list and the respondents have acted against mandate requirement of Rule 13 (D) (2-A) of the Karnataka Co-Operative Societies Rules, 1960 (‘the Rules’ for short). It is urged that the petitioners should be treated as eligible voters and their votes to be counted as valid votes. - 6 - NC: 2025:KHC:6845 WP No. 1902 of 2025 6. Learned counsel for respondent No.4-Society fairly submits that the society has not followed the mandatory requirement of the aforementioned rules and cast votes of the petitioners to be included while counting and the results to be announced. 7. It is brought to the notice of this Court that under identical circumstances, the Co-Ordinate Bench of this Court in the case of H.S. Raju and others Vs. State of Karnataka and others1 (H.S. Raju) has permitted the votes to be counted and election results to be announced, keeping open all contentions to be adjudicated in the appropriate forum under Section 70 (2) (c) of the Karnataka Co-Operative Societies Act, 1959 (‘the Act’ for short). Whether the petitioners would incur any disqualification to vote or not is a question of fact to be decided by the appropriate authority under Section 70 (2) (c) of the Act and hence, the following: 1 2022 (4) AKR 775 - 7 - NC: 2025:KHC:6845 WP No. 1902 of 2025 ORDER i. Writ petition is disposed of. ii. The Returning Officer to count the votes, including the votes cast by petitioners and announce the results of the election, which was scheduled on 02.02.2025. iii. Aggrieved party is entitled to raise a dispute under Section 70 (2) (c) of the Act, if raised a dispute under the said provision, questioning the eligibility of the petitioners to vote in the election to the Board of the respondent – society, the said dispute shall be decided without being influenced by the interim order granted by this Court and it is made clear that granting of an interim order in favour of the petitioner would not give any finding on the eligibility of the petitioners to vote in the election of the Board of respondent – society. iv. The eligibility of the petitioners to vote in the election is kept open to be decided in a dispute, if any, raised in this regard. v. If any such dispute relating to the eligibility of the petitioners to vote in the election to - 8 - NC: 2025:KHC:6845 WP No. 1902 of 2025 the Board of the respondent-society is raised, the effect of holding the petitioners ineligible to vote and excluding such votes, on the final outcome of the election results shall also be taken into account before passing the final orders. vi. The vote cast by the petitioners shall be kept in a separate sealed box after counting. vii. This Court has not expressed any merits or demerits of the ineligibility of the petitioners. Sd/- JUSTICE K.S. HEMALEKHA MBM List No.: 2 Sl No.: 7